130 Ky. 468 | Ky. Ct. App. | 1908
Opinion of the Court by
Affirming.
This is the second appeal of this ease; the plaintiff in the court below being the appellant on each appeal. Appellant claimed in his petition that, on July 18, 3906, while he was a passenger on one of the cars of appellee, he was willfully and maliciously assaulted by the conductor; was seized by the back of the’ neck, and thrown from the car while it was in motion; that because of this act he was severely and permanently injured. The answer filed by appellee contained two paragraphs, the first being a traverse, and the second a plea of justification, by stating, in substance, that appellant was boisterous, and its conductor stopped
The transcript further shows that the testimony of appellee was introduced first, and that it assumed the burden of proof, after the dourt had so ruled over the
Eor these reasons the judgment of the lower court is affirmed.
Petition by appellant for the modification of opinion overruled.